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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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What happens if someone was subpoenaed to attend a 2004 examination: http://www.law.corne

Resolved Question:

What happens if someone was subpoenaed to attend a 2004 examination:
http://www.law.cornell.edu/rules/frbp/rule_2004

and the person doesn't want to attend the examination? Would the bankruptcy court issue a warrant to force attendance?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Is this for the debtor or for a someone who is not the debtor?

Customer:

for the debtor. But does it make a difference?

cfortunato :

Yes - if the debtor does not show for the 2004 examination, the debtor can be charged with contempt of court, which can involve a fine or possibly jail, in addition to dismissal of the case.

Customer:

Okay, that is pretty serious. Thanks for the info

cfortunato :

If a non-debtor is subpoenaed and does not show up, the non-debtor can be fined or possibly jailed.

cfortunato :

As usual, you are welcome!

Customer:

so it's really just as bad. The only difference for the non debtor is not having a case dismissed.

cfortunato :

That is correct.

Customer:

Thanks for your help. That answers the question.

cfortunato :

You're welcome!

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